Wednesday, June 30, 2010

Kagan reveres judge who says he's "subject to no authority" and hopes to give statutes "new meaning that suits social needs"

Barack Obama revealed his goal for the Supreme Court when he complained on Chicago radio station WBEZ-FM in 2001 that the Earl Warren Court wasn't "radical" enough because "it didn't break free from the essential constraints placed by the Founding Fathers in the Constitution" in order to allow "redistribution of wealth."

Now that Obama is president, he has the power to nominate Supreme Court justices who will "break free" from the Constitution and join him in "fundamentally transforming" America. That's the essence of his choice of Elena Kagan as his second Supreme Court nominee. She never was a judge, and her paper trail is short. But it's long enough to prove that she is a clear and present danger to the Constitution.

When Kagan was dean of Harvard Law School, she presented a guest speaker who is known as the most activist judge in the world: Judge Aharon Barak, formerly president of the Israeli Supreme Court.

The polar opposite of the U.S. Constitution, which states that "all legislative powers" are vested in the elected legislative body, Barak has written that a judge should "make" and "create" law, assume "a role in the legislative process" and give statutes "new meaning that suits new social needs."

Barak wrote that a judge "is subject to no authority" except himself, and he "must sometimes depart the confines of his legal system and channel into it fundamental values not yet found in it." Channel? Does he mean he channels in a trance, as Hillary Clinton supposedly channeled discourse with the long-deceased Eleanor Roosevelt?

Despite Barak's weirdo writings, or maybe because of them, Kagan called him her "judicial hero." Judge Robert Bork, a man careful with his words, says Kagan's praise of Barak is "disqualifying in and of itself." Bork said that Barak "establishes a world record for judicial hubris." He wrote that Barak embraces a judicial philosophy that "there is no area of Israeli life that the court may not govern."

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